The DOL recently announced a final rule to "improve" the H-2B program. The H-2B program allows the entry of foreign workers into the United States on a temporary basis when qualified U.S. workers are not available and the employment of those foreign workers will not adversely affect the wages and working conditions of U.S. workers. The H-2B program is limited to 66,000 visas per year.

The final rule will adversely change every aspect of the H-2B program. Many business industry groups have indicated that this final rule will increase the expense and burden on small and seasonal businesses and make the H-2B program unworkable. The final regulation becomes effective on April 23, 2012, unless its implementation is delayed either by court action and/or legislative action.

Additional information about the implementation of the new H-2B program will be contained in our firm's future Immigration Updates when it becomes available.